Chapter Ten. The French Revolution: Postulates and Ideological Programmes Relating to the Law of Nations

2000 ◽  
pp. 413-424
Keyword(s):  
French Revolution ◽  
Law Of Nations ◽  
The Law ◽  
The French Revolution

Preface.

2019 ◽  
pp. 19-23
Author(s):  
Jean Allain
Keyword(s):  
French Revolution ◽  
The State ◽  
Napoleon Bonaparte ◽  
Law Of Nations ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
The French Revolution

Joseph-Mathias Gérard de Rayneval’s Preface to his Institutions du Droit de La Nature et des Gens sets out the content of his study. The Preface outlines each of the three Books and the Appendix, wherein he considers the fundamentals of the Law of Nations in the wake of the French Revolution and the coming to power of Napoleon Bonaparte. Those consideration are developed by first providing an understanding of the internal functioning of the State so as to then build an understanding of the Law of Nations. Having set out the principles which govern inter-State relations, Rayneval provides an Appendix which focus on the policy considerations for those seeking to navigate the art of governing.

Regicide and Redemptive Violence in the French Revolution

2020 ◽  
pp. 20-52
Author(s):  
Kevin Duong
Keyword(s):  
French Revolution ◽  
Social Cohesion ◽  
The Law ◽  
Louis Xvi ◽  
The French Revolution

This chapter describes how Jacobins crafted a new language of violence during the trial and execution of Louis XVI in the French Revolution: the language of redemptive violence. The execution of the king served as a founding act of French republican democracy. It was also a scene of irregular justice: no legal warrants or procedural precedents existed for bringing a king to justice before the law. Regicide as redemptive violence helped bypass that obstacle. Although redemptive violence had roots in prerevolutionary notions of penal justice and social cohesion, its philosophical ambitions were revolutionary and modern. Analyzing that language illuminates how republican democracy weaponized a distinctive ideology of extralegal violence at its origins. It also helps explain redemptive violence’s enduring appeal during and after the French Revolution.

Orders in Council and the Law of the Sea

1922 ◽  
Vol 16 (3) ◽  
pp. 400-419
Author(s):  
Gordon E Sherman
Keyword(s):  
International Law ◽  
French Revolution ◽  
Law Of The Sea ◽  
Great War ◽  
Naval Warfare ◽  
Intended Action ◽  
Law Of Nations ◽  
First Empire ◽  
The Law ◽  
The Great War

In a maritime war the formal announcements of national executives concerning principles of intended action possess an interest frequently transcending the occasion calling them into being since they may originate important modifications in the imprescriptible system of the law of nations and thus become touched with that universality of which the sea itself offers so constant and striking a suggestion. In the conflicts of the French revolution and the First Empire, as well as in the great war of our own day, we find produced on the part of the opposing governments a series of declarations (orders in council, arrêts) which have a permanent interest for the student of international law since they practically extend over the whole field of naval warfare and reach every aspect of belligerent action upon the high seas, while they may also become a cause oftentimes of strained relations between belligerent and neutral Powers arising through widely varying views touching the application of prize law to marine captures.

Carl Schmitt's Vattel and the 'Law of Nations' between Enlightenment and Revolution

Grotiana ◽  
2010 ◽  
Vol 31 (1) ◽  
pp. 141-164 ◽  
Author(s):  
Isaac Nakhimovsky
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
French Revolution ◽  
Just War Theory ◽  
Total War ◽  
Late Eighteenth Century ◽  
Law Of Nations ◽  
Late Eighteenth ◽  
The Law ◽  
History Of International Law

AbstractThis article questions the status of Vattel's Law of Nations as an exemplary illustration of eighteenth-century developments in the history of international law. Recent discussions of the relation between eighteenth-century thinking about the law of nations and the French Revolution have revived Carl Schmitt's contention about the nexus between just war theory and the emergence of total war. This evaluative framework has been used to identify Vattel as a moral critic of absolutism who helped undermine the barriers against total war, as well as an architect and defender of those very barriers. Neither of these opposing readings is corroborated by late-eighteenth-century commentators on Vattel's treatise. To its late-eighteenth-century critics and defenders alike, Vattel's Law of Nations was distinguished by the weakness of its derivation of the law of nations from principles of natural law. Insofar as these readers did link Vattel to justifications of relatively unrestrained forms of warfare, they did so in connection with the perceived weakness of Vattel's moral position rather than with its strength. This late-eighteenth-century consensus on the defining features of Vattel's approach to the law of nations sits uncomfortably with Schmitt's evaluative framework, and indeed with other assessments of Vattel that limit themselves to orienting his treatise along fault lines in the historiography of international law.

Toleration and Repression: German States, the Law and the ‘Sects’ in the Long Nineteenth Century

2020 ◽  
Vol 56 ◽  
pp. 338-361
Author(s):  
Manfred Henke
Keyword(s):  
Nineteenth Century ◽  
French Revolution ◽  
Church And State ◽  
Equal Rights ◽  
General Law ◽  
German States ◽  
The Law ◽  
Revolution Of 1848 ◽  
The Church ◽  
The French Revolution

At the beginning of the period, the Prussian General Law Code did not provide for equal rights for members of ‘churches’ and those of ‘sects’. However, the French Revolution decreed the separation of church and state and the principle of equal rights for all citizens. Between the Congress of Vienna (1815) and the revolution of 1848, Prussian monarchs pressed for the church union of Lutheran and Reformed and advocated the piety of the Evangelical Revival. The Old Lutherans felt obliged to leave the united church, thus eventually forming a ‘sect’ favoured by the king. Rationalists, who objected to biblicism and orthodoxy, were encouraged to leave, too. As Baptists, Catholic Apostolics and Methodists arrived from Britain and America, the number of ‘sects’ increased. New ways of curtailing their influence were devised, especially in Prussia and Saxony.

Local Government in Belgium

1920 ◽  
Vol 14 (3) ◽  
pp. 408-422 ◽  
Author(s):  
Léon Dupriez
Keyword(s):  
Local Government ◽  
French Revolution ◽  
Urban Centers ◽  
Legislative Authority ◽  
The Law ◽  
The Government ◽  
Almost All ◽  
Great Development ◽  
The French Revolution

In Belgium there are two units of local government, the province and the commune.Belgium is divided into nine provinces, the boundaries of which were drawn somewhat arbitrarily by the government of the French Revolution after the conquest of the country in 1795. All the provinces except one are about equal in territorial extent, but they differ considerably in respect to population, which varies from 250,000 to 1,200,000. Thus the province of Luxemburg, whose area exceeds that of any of the others by about a third, has the smallest population; it has neither industrial centers nor any important city (its largest city has a bare 10,000 inhabitants), and it is in large part covered with forests. The differences in population have increased during the last fifty years, as much from the great development of industry in certain provinces as from the growth of certain great urban centers like those of Brussels and Antwerp.There are 2630 communes in Belgium; their boundaries were not established systematically by a single act, nor by a series of acts of the legislative authority. Almost all grew up in the course of centuries, and their boundaries have come into existence only in accordance with very ancient traditions. There are great differences among the communes, not only in respect to their territorial extent (which varies from some hundreds to some tens of thousands of acres), but also in respect to their population. Some little villages have scarcely a hundred inhabitants, whereas Antwerp had more than 300,000 in 1914. Some communes take the name of cities, others are called villages; but that does not make the least difference so far as the law is concerned, nor in respect to the administrative régime to which they are subject.

The People as a Natural Disaster: Redemptive Violence in Jacobin Political Thought

2017 ◽  
Vol 111 (4) ◽  
pp. 786-800 ◽  
Author(s):  
KEVIN DUONG
Keyword(s):  
Natural Disaster ◽  
French Revolution ◽  
Social Cohesion ◽  
Political Thought ◽  
The People ◽  
The Law ◽  
Louis Xvi ◽  
The French Revolution

The trial and execution of Louis XVI served as a founding act of French republican democracy. It was also a scene of irregular justice: no legal warrants or procedural precedents existed for bringing a king to justice before the law. This essay describes how Jacobins crafted a new language of popular agency to overcome that obstacle—the language of redemptive violence. Although redemptive violence had roots in prerevolutionary notions of penal justice and social cohesion, its philosophical ambitions were revolutionary and modern. Analyzing that language illuminates how republican democracy weaponized a distinctive ideology of extralegal violence at its origins. It also helps explain redemptive violence's enduring appeal during and after the French Revolution.

scholarly journals Francuski Kodeks procedury cywilnej z 1806 roku - kodeks Napoleona Bonaparte czy Ludwika XIV?

2018 ◽  
Vol 69 (1) ◽  
pp. 11-19
Author(s):  
Anna Klimaszewska
Keyword(s):  
French Revolution ◽  
Significant Influence ◽  
17Th Century ◽  
Civil Procedure ◽  
Drastic Change ◽  
Louis Xiv ◽  
The Law ◽  
The French Revolution

The French Code of Civil Procedure of 1806 remained binding on the Polish territories for about 70 years and it exerted a significant influence on, among others, the shaping of the contemporary Polish terminology in this area.The present publication analyzes the issue of the nature of Code de procédure civile which – despite the extremely strong pressure during the French Revolution to introduce drastic change in the court procedure – in large part reproduced the solutions put forward in the ordinance by Louis XIV from April 1667 (Ordonnance civile touchant la réformation de la justice). On its basis, this branch of the law had been already codified in 17th century. Thus Code de procédure civile was certainly not the first code pertaining to civil procedure in France. Furthermore, the extent of the borrowings described in the article justifies the assumption that it was more of an amendment to the 1667 ordinance rather than a separate codification.

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